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ORDER NO. 85-268 -2- CITY OF STOCKTON SAN JOAQUIN COUNTY 9. The Executive Officer, on 12 July 1985, issued a complaint to the City proposing a $50,000.00 administrative civil liability for the violations during June. 10. On 27 September 1985 in Stockton, California, after due notice to the City and other affected parties, the Board conducted a public hearing at which the City appeared and evidence was received concerning the discharge. 11. The Board, after hearing all testimony, determined that the City is liable civilly and considered the following factors in determining the amount of the liability: " . .The nature, circumstance, extent, and gravity of the violation or violations , whether the discharge is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations , the degree of culpability, economic savings , if any, resulting from the violation, and such other matters as justice may require. " (Water Code Section 13327) 12. The Board determined, with respect to the factors in Finding No. 11, the following: The nature of the violation was such that the City should have prevented the discharge. The extent of the violation was such that the discharge was allowed to continue for 24-hours before it was corrected. The gravity was such that 5,000 fish were killed. The discharge is not susceptible to cleanup and abatement. The City has not mitigated any effects of the dis- charge. The City is able to pay the liability without affecting its ability to continue in business. This discharge is not susceptible to cleanup efforts. With respect to prior history of violations, the City has had, collectively, 74 violations of daily coliform, chlorine and pH effluent limitations since June 1983. The City was culpable for the violations. The City has postponed expenditures for plant improvements which may have prevented the fish kill . 13. A $50,000 administrative civil liability is appropriate based on the determinations in Finding 12. 14. Issuance of this Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq. ) , in accordance with Section 15321(a) (2) , Chapter 3, Title 14, of the California Administrative Code.